Texas probate · Document guide
Application to Determine Heirship
Ask a Texas court to determine who inherits and each heir's share when property does not pass under a will. This starts a court proceeding that reviews family history, gives required notice, and leads to a judgment declaring heirship.
Texas Estates Code, Chapter 202
Where it goes
Filed with the probate court handling the estate, in person or through eFileTexas.gov.
Who signs
Applicant signs.
Oath or notarization
The person swearing to it signs before a notary.
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Review the draft, then take the next step
Add the remaining details and review your document. Follow the instructions for signatures, notarization, or court review when required. You handle filing.
What to have on hand
Death details
The person's full name, date of death, and last address. A death certificate can help confirm these.
Family records
Names and contact details for the spouse, children, and other heirs, along with marriage and family history.
Property records
Deeds, property descriptions, and records of any mortgage or other debt secured by the property.
Search records
Notes and records of efforts to find missing family members or confirm unknown family history.
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Filing fees by county
Fees to open the probate case. Confirm with the county clerk before filing.
| County | Filing fee |
|---|---|
| Dallas County | $388 |
| Tarrant County | $380 |
| Collin County | $385 |
| Denton County | $385 |
| Harris County | $432 |
| Travis County | $378 |
| Bexar County | $391 |
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